Pages 507-525 
|  Pages 545-565
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| Pages 507-525
| Pages 545-565
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| CHAP. XVI. An Act for the relief of divers of the Inhabitants of the Parishes of Raleigh, and Dale. | |
| I. WHEREAS, by two several acts of the general assembly, made in the eighth year of his majesty's reign, the new parishes of Raleigh and Dale were erected, the former to consist of certain part of that part of the parish of Bristol, then lying in the county of Prince George, and part of the parish of Saint Andrew, then in the county of Brunswick; and the latter to consist of a certain part of the parish of Henrico, in the county of Henrico, together with that part of the said parish of Bristol, lying on the northside of Appamattox river, in the said county of Henrico: Which first mentioned new parish was to take place, and be separated from the said parish of Bristol and Saint Andrew, from and immediately after the twenty fifth day of March, in the year of our lord one thousand seven hundred and thirty five; and the other new parish was to take place, and be separated from the said parishes of Henrico, and Bristol, from and after the last day of May, in that year. And whereas, after the passing those acts of assembly, and before the said new parishes took place, the vestry of the parish of Bristol, as it then stood undivided, did assess and levy, upon all the tithable persons in the same, twelve pounds of tobacco per poll, toward the building a new church not before begun, or agreed for in and for the use of the parish of Bristol, as the same |
| now stands separated from the other parts of the former parish of Bristol: Which proceeding of the said vestry being very unreasonable, | ||
| II. Be it enacted, by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the inhabitants of the present parish of Bristol, do repay unto the vestries of the parishes of Raleigh and Dale, aforesaid, respectively, so much tobacco as was assessed and levied, by virtue of the assessment and levy aforesaid, upon the people of those parts of the former parish of Bristol, which are now included in the said parishes of Raleigh and Dale: And that the vestry of the said parish of Bristol, do levy, and order re-paiment thereof accordingly, in their next parish levy: And that the said vestries of the said parishes of Raleigh and Dale, respectively, do apply the same towards lessening the levies of their parishes by the poll, in those parts of the said parish of Bristol, respectively, now included in the said parishes. | ||
| CHAP. XVII. | ||
| ||
| I. WHEREAS, by one clause of an act of the general assembly, made at the last session, for the relief of such persons as have suffered, or may suffer, by the loss of the records of Nansemond county, lately consumed by fire, for perpetuating the testimony of witnesses, in relation to any deed, will, inventory, or other writing, recorded in the said county court, where the original is lost, and no attested copy thereof can be produced, it was enacted, That it should and might be lawful for the governor, lieutenant-governor, or commander in chief of this colony, for the time being, to issue one commission, or more, under the great seal of the colony, to twelve able and discreet persons directed, giving them, or any four or more of them, full power and authority, to meet at some convenient time and place by them to be appointed, and to adjourn from time to time, as they should think fit; and to summon, |
| hear, and examine all witnesses, at the instance of any person whatsoever, touching the premises, and to take their depositions in writing; and to return the same with such commission, to the secretary's office: And such depositions shall be laid before the general assembly, at the next session; to the end, that they might be enabled to give such effectual relief to the sufferers, by the loss of the said records, as to them should seem most just and reasonable. And whereas, a commission hath issued under the great seal of the colony, bearing date the nineteenth day of April, in the eighth year of the reign of his present majesty, to William Wright, and eleven others directed, pursuant to the said act, who have made a return of their proceedings in the premises; whereby it doth appear, that they have examined divers witnesses to sundry deeds, wills, and other matters; and that the several deeds, wills, and other matters, mentioned in a schedule to this act annexed, have been well and sufficiently proved: Therefore, for making the same effectual, | |
| II. Be it enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from henceforth, the proofs of the several possessions, purchases, deeds, and wills; and the decree in chancery in the said schedule mentioned, shall and may be given in evidence in any court of law or equity, and shall avail for the benefit and advantage of all persons claiming under them, as much as the same can or ought to avail: And it shall and may be lawful for the clerk of the said county court of Nansemond, to record the several copies of wills in the said schedule mentioned, which have been proved to have been true copies, tho' not attested by any sworn clerk. | |
| III. And to the end, that other persons, who have not yet been able to produce witnesses before the said commissioners, in relation to their deeds, and other evidences, which may have been lost among the records of the said county, Be it further enacted by the authority aforesaid, That one other, or more commissions, shall and may be issued and continued, by the governor, or commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings, recorded in the said county |
| court, where the original has been lost, pursuant to the said act of assembly; to be executed and returned, as in the said act is directed. | |
| A schedule, containing the proofs of several deeds, wills, and other things, made before certain commissioners, by virtue of a commission, under the seal of the colony of Virginia, bearing date the nineteenth day of April, in the eighth year of his present majesty's reign, to them directed, pursuant to an act of assembly, in that case made and provided. | |
| Daniel Horton, purchased of William Hood, two hundred acres of land, on the north side of Nuckle's swamp, in the upper parish of Nansemond county; and the said Daniel Horton dying intestate, possessed of the said land, Joseph Horton, his son and heir at law entered, and is now in possession thereof. | Anno 1693. |
| Benjamin Clark, was in quiet possession, and continued until the time of his death, of a parcel of land, in the parish of Suffolk, in the county of Nansemond, joyning on the head of Bennet's creek, near Jordan's mill; and Edward Clark, his son and heir at law entered, and is now in possession thereof. | 1695. |
| James Doughtie, father of Edward Doughtie, purchased of Thomas Jornigan, son of Thomas Jornigan, the plantation whereon the said Edward now lives, lying on Evan's creek, in Nansemond county, being part of a patent for seven hundred acres of land, formerly granted to one Mulford. | 1696. |
| John Webb, purchased of Epaphraditus Benton, a parcel of land whereon he now lives, on the middle branch of the Cross Swamp, in the upper parish of Nansemond county. | 1704. |
| Aaron Blanchard, purchased of Lewis Williams, eighty acres of land, on Crany creek, in the upper parish of Nansemond county; and since conveied the same to John Parker, who is now in possession thereof. | 1707. |
| William Ragdale, by his last will and testament, devised to Margaret Sullivan, (now the wife of Jethro Sumner,) a parcel of land, in Tucker's Neck, in the upper parish of Nansemond county, to her, and her heirs, for ever. | 1719. |
| The last will and testament of John Peters, deceased, bearing date the twelfth day of April, 1719, was proved in the court of Nansemond county, and admitted to record; and a true copy thereof proved. | 1719. |
| Thomas Martin, purchased of John Odam, son and heir of John Odam, the elder, a parcel of land, lying in the place called Summerton, in the old field where Summerton chapel now stands, in the county of Nansemond. | 1721. |
| The last will and testament of John Brinckley, deceased, bearing date the ninth day of April, 1724, was proved in the court of Nansemond county; and admitted to record. | 1724. |
| William Shivers, by deed of gift, recorded in Nansemond county court, gave to his son Thomas Shivers, a parcel of land, lying at a place commonly called South Key, in the county of Nansemond aforesaid; being the land whereon the said Shivers now lives. | 1725. |
| Henry Jenkins, purchased of James Murray, and Elizabeth his wife, fifty acres of land, in the parish of Suffolk, in Nansemond county, adjoining to Solomon Shepherd's land. | 1728. |
| Henry Jenkins, purchased of Charles McDuel, fifty acres of land, (being a tract of land the said McDuel purchased of James Murray, and Elizabeth his wife,) lying in the parish of Suffolk, in Nansemond county, adjoining to Solomon Shepherd's land, and the land the said Jenkins purchased of the said Murray, and his wife. | 1729. |
| Nathan Mires purchased of James Murray, and Elizabeth his wife, fifty acres of land, in the parish of Suffolk, in Nansemond county, adjoining to Shepherd's land. | 1729. |
| Edward Moore purchased of William Moore, a parcel of land, being the land whereon the said Edward lives, in the county of Nansemond. | 1729, or 1730. |
| Joshua Jordon purchased of Charles Jordon, a parcel of land, in the parish of Suffolk, in the county of Nansemond, on Chuckatuck creek, adjoining Thomas Jordon's Benjamin Jordon's, and William Jordon's lands. | 1731. |
| Theophilus Pugh purchased of William Hickman, a parcel of land, in the county of Nansemond, on a branch of the Beaver Dam Swamp. | 1732. |
| Jonathan Roberts purchased of James Babb, a parcel of land, being the land whereon the said Roberts lives, in the county of Nansemond. | 1733. |
| John Pinner purchased of Henry Gray, and Mary his wife, and Godfrey Lee, and Sarah his wife, a parcel | 1733. |
50 [<==Typo in the page number.]
| of land, being the land whereon the said Pinner now lives, in the county of Nansemond. | |
| A decree in chancery, passed at the suit of Theophilus Pugh, against Peter Plackiter, in the court of Nansemond county, to foreclose the said Peter's equity of redemption in certain lands, lying in Nansemond county, mortgaged by the said Peter Plackiter, to the said Theophilus Pugh, (except the said Peter's wife's right of dower in the said land,) as also to all the goods and chattels of the said Peter. | 1733. |
| A copy of the last will and testament of Nathan Newby, deceased, bearing date the sixth day of July, one thousand seven hundred and thirty three, was proved in the court of Nansemond county, and admitted to record. | 1733. |
| CHAP. XVIII. An Act, for building a Bridge over Nottoway River. | |
| I. WHEREAS, a bridge over Nottoway river, where it divides the counties of Brunswick, and Surry, at or near a place called Swedes, on the land of Colonel Benjamin Harrison, would be beneficial and convenient for the people of either county, and others: And the court of the county of Brunswick, having applied to the court of Surry county, to join with them, in an agreement with some undertaker, for the building of a bridge at the place aforesaid, at the charge of both counties, the court of the said county of Surry have refused to enter into such agreement: | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That a bridge be built, and maintained, at the place before mentioned, fit for the passage of horses, coaches, waggons, and other wheel carriages: And that the charge of building and maintaining the same, from time to time, be levied by the justices of the said counties, respectively, on the tithable persons of their said counties, in proportion to the number of such tithable persons in each county: And that if the court of the said county of Surry, shall hereafter refuse to join in the agreement with workmen and undertakers, for |
| building and maintaining the said bridge, the court of the said county of Brunswick, shall have full and sole power to agree for the same, as they, in their discretion shall think fit: And the justices of the said county of Surry, shall levy their quota of the charge, as aforesaid; any law, or custom, to the contrary, notwithstanding. | ||
| CHAP. XIX. | ||
| ||
| I. BE it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That public ferries be constantly kept at the places herein after named: And that the rates for passing the said ferries be as follows: (to wit,) | New ferries appointed, & rates settled. | |
| On Rappahanock river, from William Lowry's, in the county of Essex, across the river to the land of Benjamin Rust, in the county of Richmond, the price for a man, twelve pence, and for an horse, twelve pence; and from the said Rust's across to the said Lowry's, the price for each man and horse, the same. | ||
| From the town of Falmouth, in King George county, across the river, to the land of Francis Thornton, in Spotsylvania county, the price for a man, three pence, and for an horse, three pence. | ||
| From the land of Charles Carter, esq. in the county of Orange, across Norman's ford, to the land of Mr. Philip Ludwell, in the county of Prince William, the price for a man, three pence, and for an horse, three pence. | ||
| And on Sherrendo river, from the land of William Russel, next above the mouth of Happy's creek, in the county of Orange, across into the fork, the price for a man three pence, and for an horse three pence; or across the main river, the same. | ||
| II. And, that the courts of the several counties wherein such ferries shall be kept, shall have power to appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, & other wheel carriages: That when such boats shall be so provided |
| and kept, it shall and may be lawful, for the keepers of such ferries, to demand and take for the ferriage and transportation of such wheel carriages, the following rates: (to wit,) For every coach, chariot, or waggon, and for the driver thereof, the same as for the ferriage of six horses, according to the rates herein before settled, at such ferries, respectively: and for every cart or four wheel chaise, and the driver of such four wheel chaise, the same as for the ferriage of four horses: And for every two wheel chaise or chair, the same as for the ferriage of two horses, according to the said rates, and no more. And that the licences for keeping the said ferries shall be obtained in the same manner, and the keepers thereof have such exemptions and advantages, and be under the like regulations and restrictions as is and are by law provided, for and in respect of the keepers of public ferries heretofore settled and appointed. | Licence, how to be obtained. |
| III. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the keepers of the several county ferries herein after mentioned, respectively, to demand and take for ferriage, the following rates, and no more: (that is to say,) | Rates of county ferries settled. |
| On the river of Occoquan, in the county of Prince William, the price
for a man, three pence, and for an horse, three pence. On Nominy, in the county of Westmoreland, the price for a man, four pence, and for an horse, four pence. On Mattox, in the said county, the price for a man, three pence, and for an horse, three pence. On Totaskey, in the county of Richmond, the price for a man three pence, and for an horse, three pence. On Rappahanock creek in the said county, the price for a man three pence, and for an horse, three pence. On Piscataway, in the county of Essex, the price for a man, three pence, and for an horse, three pence. On James river, at Branch's, in the county of Henrico, the price for a man, three pence, and for an horse, three pence. Over the said river, from Jacob Michaux's, to Thomas Atkin's, the price for a man, three pence, and for an horse, three pence. And for the ferriage of wheel carriages, the same, |
| in proportion to the rates herein last mentioned, as is allowed at public ferries. | |
| IV. Provided always, That nothing herein contained, shall be construed to oblige any person or persons to pay any thing for ferriages, at any of the said county ferries, who, before the making of this act, was or were exempted from the same, by reason of his, her, or their estate or interest in the county where the said ferries, respectively, are kept. | Not to charge persons exempted. |
| V. And be it further enacted, That every hogshead of tobacco brought to any of the ferries herein before mentioned, or to any other ferry heretofore appointed, in order to be transported over, the price of ferriage for each hogshead, shall be the same as the ferriage of one horse, according to the rates settled at such ferries, respectively. | Ferriage for tobacco. |
| VI. And whereas, the court days of the several counties of Prince William, Orange, Lancaster, Northumberland, and King and Queen, as the same are now settled, are found to be inconvenient: Be it further enacted, by the authority aforesaid, That from and after the first day of November next, the court of the said count of Prince William, shall be held on the fourth Monday; the court of the said county of Orange, on the fourth Thursday; the court of the said county of Lancaster, on the second Friday; the court of the said county of Northumberland, on the second Monday; and the court of the county of King and Queen, on the second Tuesday, in every month; any law, custom, or usage, to the contrary thereof, notwithstanding. | Several court days altered. |
| CHAP. XX. An Act for making reparation for the Tobacco lately burnt in Gray's Creek Warehouse. | |
| I. WHEREAS, the public warehouse at Gray's creek, in the county of Surry, was lately burnt, and eighty hogsheads of crop tobacco; twenty one thousand two hundred and eighty four pounds, for which transfer notes have been given; and five thousand five hundred and sixty nine pounds of tobacco uninspected, were consumed and lost in the said fire; a particular account of which, with the quantities, and proprietors |
| names, and the numbers of the transfer notes, is stated and settled in a schedule hereunto annexed: Wherefore, to the end the sufferers therein mentioned, may receive full satisfaction and reparation for their respective losses. | ||
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the sum of seven hundred sixty eight pounds nine shillings and six pence, out of the public money arising upon the duties of liquors and slaves, be paid by the treasurer, and divided among the said sufferers respectively, according to the several quantities of tobacco by them respectively lost, according to the rates of two pence per pound for the crop tobacco, and fifteen shillings per hundred for the rest, as in the said schedule is particularly mentioned: And that the said treasurer shall pay the several sums set against each proprietor's name, to the bearer of the inspectors notes, respectively; which shall be a sufficient discharge to him, as to the said tobacco, for which notes were given. | ||
| III. Provided always, That the said sum of money shall not come in course of paiment, until the fifth day of May, in the year of our lord, one thousand seven hundred and thirty seven. | ||
| CHAP. XXI. | ||
| ||
| I. WHEREAS, Lewis Burwell, late of the county of York, esq. deceased, father of the said Lewis Burwell, was in his life time, seised in fee simple, of several tracts or parcels of land, with the appurtenances, lying contiguous to one another; and containing together, fourteen hundred acres, more or less, lying and being in the counties of York, and James City: And also a tract or parcel of land, with the appurtenances, containing four thousand eight hundred acres, lying and being in the parish of St. Margaret, in the county of King William; and being so thereof seised, did make his last will and testament in writing, bearing |
| date the eleventh day of October, in the year of our lord one thousand seven hundred and ten; and thereby, among other things, did devise the said several tracts or parcels of land, in the counties of York, and James-City, and also the said tract of land in the county of King William, by the name of all his lands in Pamunkey Neck, to his son, the said Lewis Burwell, and the mail heirs of his body, with the several remainders over; as by the said will, duly proved in the county court of York, may more at large appear. | |
| II. And whereas the said Lewis Burwell, the son, is seised in fee simple, of a certain parcel of land, containing by estimation, four hundred and ten acres, lying and being in the parish of York Hampton, in the counties of York and James City, lately purchased by him of Philip Lightfoot, esq. and of one other parcel of land, containing, by estimation, one hundred and fifteen acres, lying and being in the parish of Bruton, in the county of James City, lately purchased by him of one James Hubard: And of one other parcel of land, containing by estimation, one hundred and ten acres, lying and being in the parish and county last mentioned, lately purchased by him, of one John Bently; and also of one other parcel of land, containing by estimation, eighteen hundred acres, lying and being in the parish of Newport, in the county of Isle of Wight, lately purchased by him, of one George Williamson. | |
| III. And, whereas the said Lewis Burwell hath laid out great sums of money, in building a mansion-house, and other out-houses, and in making gardens, and other considerable improvements, upon part of the said fourteen hundred acres of land; intending the same for the seat of the eldest son of the family: And whereas the said four thousand eight hundred acres of land, in the county of King William, lie very remote from the said fourteen hundred acres of land: and the said three parcels of land, in the counties of York and James City, herein before mentioned to be purchased by the said Lewis Burwell, are all contiguous and adjoining to the said fourteen hundred acres of land; and the eighteen hundred acres of land, in the county of Isle of Wight, are not above twenty miles distant from the same; so that it may be for the advantage and benefit of the eldest son of the said Lewis Burwell, to dock the entail of the said four thousand eight hundred acres of land, whereby |
| by the said Lewis may be enabled to make a better provision for his younger children; and to settle the other parcels of land whereof the said Lewis Burwell is seised in fee simple, as aforesaid, together with one and twenty slaves, to be annexed to the same, being of greater value, to the same uses. | |
| IV. And, forasmuch as notice has been published, three Sundays successively, in the several churches of the parish of St. Margaret, in the county of King William, aforesaid, that application would be made to this present general assembly, to dock the entail of the said four thousand eight hundred acres of land, upon settling other lands and slaves, of greater value, to the same uses, pursuant to your majesty's instructions, May it therefore please your most excellent majesty at the humble suit of the said Lewis Burwell, that it may be enacted, | |
| And be it enacted, by the Lieut. Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract or parcel of land, with the appurtenances, containing four thousand eight hundred acres, lying and being in the said county of King William, so as aforesaid devised by the last will and testament of the said Lewis Burwell, the father to the said Lewis Burwell, the son, in tail male, be and is hereby vested to [in] the said Lewis Burwell, the son, his heirs and assigns, to the only use and behoof of him, the said Lewis Burwell, the son, and of his heirs and assigns, for ever: And that the said three several parcels of land, herein before mentioned to be purchased by the said Lewis Burwell, the son, lying and being in the counties of York, and James City; and the said eighteen hundred acres of land, lying and being in the county of Isle of Wight, be and are hereby vested in the said Lewis Burwell, and the heirs male of his body, for ever: And upon failure of such issue, the same shall remain, go, and descend, to all and every such person and persons, and for such estate and estates, and in such sort, manner, and form, as the said four thousand eight hundred acres of land would have remained, gone, and descended, by virtue of any limitations in the last will and testament of the said Lewis Burwell, the father, if this act had never been made: And that the following negroe slaves, and their future increase, so long as any of them shall be |
| living: (to wit.) Sam, and Moll his wife, Sarah, Sue, Esther, Frank, a girl, and Moll, children of the said Moll, Robin, and Helen his wife, Nan, Robin, and Jemmy, children of the said Helen, Jack, Carter, and Jenny, his wife, George, Jenny, Abigail, and Frank, a boy, children of the first mentioned Jenny, three men, by the name Colly, Neck-of-Land Jemmy, and Hannibal, be annexed to, and shall forever hereafter remain, go, and descend, with the said three parcels of land, in the counties of York, and James City, and the said parcel of land, in the county of Isle of Wight, purchased as aforesaid, by the said Lewis Burwell, in the same manner and form, as those lands are by this act limited and appointed, to remain, go, and descent. | ||
| VI. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the last will and testament of the said Lewis Burwell, the father, all such right, title, interest, claim and demand, as they, every, or any of them, should or might claim, if this act had never been made. | ||
| VII. Provided always, That the execution of this act, shall be and is hereby suspended, until his majesty's approbation thereof, shall be obtained. | ||
| CHAP. XXII. | ||
| ||
| I. WHEREAS, two separate parcels of land, scituate, lying, and being in the parish of Saint John, in the county of King William; the one containing two hundred acres, and the other containing three hundred acres, have heretofore been appropriated for a glebe for that parish: and two other small parcels of land, situate, lying, and being, in the parish of Warwick, in the county of Warwick, the one at Water's creek, and the other below the said creek, have, in |
| like manner, been appropriated for a glebe for the said parish: Which said several parcels of glebe land, have lately been found to be inconvenient, and of little advantage to the respective parsons of the said parishes; and therefore, the vestries, with their consent, are desirous to sell the said several parcels of land, and to apply the purchase money towards purchasing better and more convenient glebes, for the said parishes: | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said two parcels of land in the said parish of Saint John, heretofore appropriated for a glebe for that parish, with the appurtenances, be and are hereby vested in the present vestry of the said parish, and the vestry of the said parish, for the time being: And that the said two parcels of land, in the said parish of Warwick, heretofore appropriated for a glebe for the said parish, with the appurtenances, be and are hereby vested in the present vestry of the said parish, and the vestry of the said parish, for the time being, in trust: Nevertheless, that the said vestries, respectively, or the greater part of them, shall, by deeds of bargain and sale, indented, and duly recorded, convey the premises in them, respectively, hereby vested, with the appurtenances, by such description as they shall think fit, for a valuable considerations of money, bona fide, received, to such person or persons as shall be willing to purchase the same, to hold, to such purchaser and purchasers, respectively, his an their heirs and assigns, for ever. and that when the same are so sold and conveied, in trust, to purchase, with the money arising by such sales, better and more convenient glebes for the said parishes of Saint John, & Warwick, respectively: And the said vestries, respectively, are further impowered to hold such glebes so to be purchased, for the use of the parsons of the said parishes of Saint John, and Warwick, respectively, for the time being, for ever. | |
| III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand; of, in, and to any of |
| the lands before mentioned, other than to the vestries and parsons of the said parishes, respectively, as they, every, or any of them, should or might claim, if this act had never been made. | ||
| CHAP. XXIII. | ||
| ||
| I. WHEREAS Joseph Allen, late of the county of New-Kent, gentleman, deceased, was, in his life-time, and at the time of his death, seised, in fee-tail, of and in two tracts and parcels of land, with the appurtenances; one lying and being in the county of Isle of Wight, containing, by estimation, nine hundred acres; and the other, lying and being in the county of Surry, containing, by estimation, two thousand acres, more or less: And was also seised in fee simple, of and in one other parcel of land, lying and being in the county of James City, containing, by estimation, one hundred and fifty-six acres; and of another parcel, lying and being in the county of New-Kent, containing, by estimation, seven hundred and twenty acres, more or less, which he purchased of Mr. William Cox, dec'd. And was also seised, in fee simple, of and in a water grist mill, with the appurtenances, lying and being in the county of New-Kent, aforesaid, which he purchased of one Edmund Walker: And was also possessed of sixty slaves, consisting of men, women, and children: (that is to say,) twenty men, sixteen women, and twenty-four children, and so being seised and possessed, departed this life, intestate, leaving a widow, Hannah Allen, and one only child, William Allen, now an infant of tender years, his son and heir. | ||
| II. And forasmuch, as the said Hannah Allen, and John Allen, of the county of Surry, gentleman, uncle, and heir apparent of the said William, have represented, that the said Joseph, at the time of his death, stood indebted to divers persons, in several large sums of money, amounting, in the whole, to near one thousand pounds; for which, if the creditors should be obliged to bring actions, and serve executions, the whole number of slaves before mentioned may be taken away, |
| and the estate of the said widow and orphan may be wasted, by law charges, and much impoverished: For prevention whereof, at the humble suit of the said John Allen, and Hannah Allen, widow. | |
| III. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, the said parcel of land, lying and being in the county of James City aforesaid, containing, by estimation, one hundred and fifty-six acres, with the appurtenances; and the said water grist mill, lying and being in the county of New-Kent, aforesaid, with the appurtenances; and the sixty slaves above mentioned, be and are hereby vested in the said Hannah Allen, and John Allen, and the survivor of them, and the executors or administrators of such survivor, in trust, as to the said land and water grist mill, with their and every of their appurtenances: That the said Hannah Allen, and John Allen, and the survivor of them, and the executors or administrators of such survivor, shall sell and convey the same, to any person or persons who shall be willing to purchase, for the best price that can be got, by deed or deeds of bargain and sale, or other conveiance, in fee simple: And as to the said slaves, in trust, to sell and dispose of a number of them, not exceeding thirty, having due regard therein, to the interest and advantage of the said infant. And, in trust, to apply the money arising by the sale of the said lands, mill, and slaves, to discharge and satisfy the debts justly due and owing by and from the said Joseph Allen, at the time of his death. And after the said debts shall be discharged and satisfied, then in trust for the said Hannah Allen, and William Allen, respectively, according to their respective estates, rights, and interests, in and to the same. | |
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the said Hannah Allen, and William Allen, their heirs, executors, or administrators, respectively, all such right, title, interest, claim, and demand, as they, every, or any of them should or might claim, if this act had never been made. |
| CHAP. XXIV. | ||
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| I. WHEREAS by a charter lately passed under the great seal of the colony of Virginia, bearing date, at Williamsburg, the fifteenth day of September, in the tenth year of our Lord, one thousand seven hundred and thirty-six, the town of Norfolk is erected into a borough, by the name of The borough of Norfolk; and the inhabitants thereof, are made a body corporate, consisting of a maior, recorder, eight aldermen, and sixteen common council men, with capacity to purchase and receive manors, lands, tenements, and hereditaments, not exceeding one thousand pounds sterling, per annum; and all goods and chattels whatsoever, to hold, to them, and their successors, for ever: And to plead and be impleaded, prosecute and defend all causes, complaints, actions real, personal, and mixt; and to have one common seal, and perpetual succession: With power to the said maior, recorder, and aldermen, to be justices of the peace within the said borough; and directors of all buildings and streets, in the said borough; and to make constables, surveiors of the highways, and other officers; also to hold a court of hustings, once in every month, within the said borough; and to appoint clerks, and other proper officers, from time to time, where there shall be occasion; and to settle and allow reasonable fees, not exceeding the fees allowed in the county courts: And to have jurisdiction, and to hold plea of trespass and ejectment, and all writs of dower for any lands and tenements within the said borough, and all other actions, personal and mixt, arising within the same; so as the demand, in such action, personal or mixt, do not exceed twenty pounds current money, or four thousand pounds of tobacco; and as a court of record, to give judgment, and award execution thereon, according to law: Also, with power to the said maior, recorder, aldermen, and common council men, to erect work houses, and houses of correction, and prisons; and to make bye-laws and ordinances, for the regulation and good government of the trade, and other matters within the said borough, |
| to be observed and performed by all manner of persons residing within the same, under reasonable penalties and forfeitures; to be levied by distress and sale of the goods of the offenders, for the public benefit of the said borough: With power to elect and send one burgess, to sit in the house of burgesses, as in the said charter is particularly directed: And to hold and keep three markets weekly, and two fairs yearly; and to hold courts of pipowder; and to have and take all tolls, profits, and perquisites, arising due and incident from and to such markets, fairs, and courts of pipowder, as in the said charter more fully is contained. And for strengthening and confirming the same, | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said charter, and all the clauses, grants, powers, privileges, and immunities, therein mentioned and contained, be and are hereby confirmed unto the said borough of Norfolk, and the inhabitants thereof, for ever: And that the present recorder of the said borough, and the recorder thereof for the time being, shall, in his absence from the said borough, have full power and authority to exercise the said office, by his sufficient deputy, by him from time to time, to be appointed, by writing, under his hand and seal; so as such deputy be approved by the court of the maior, aldermen, and common council men, of the said borough, or the major part of them. | |
| III. And be it further enacted, by the authority aforesaid, That the court of hustings, in the city of Williamsburg, shall, from henceforth have jurisdiction, and hold plea of all actions, personal and mixt, and attachments, whereof any county court within this colony, by law, have, or can take cognisance: And that the maior, or recorder, and aldermen, of the said city, respectively, shall have, use, and exercise all the powers, jurisdictions, and authorities, out of court, which any justice or justices of the peace of a county, now have, or can, or may use and exercise. |
| CHAP. XXV. An Act to prevent the Retailing of strong Liquors, in the Town of York, in small quantities. | |
| I. WHEREAS divers people in the town of York, in the county of York, do practise the retailing of strong liquors, in small quantities, without licence, not only to the meaner sort of people, but even to servants and slaves, often adulterating or mixing the same with water, whereby they can afford to sell it the cheaper; evading the penalties of the acts of assembly, in that case provided, by not suffering them to be drank in their houses: For prevention whereof, | |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, it shall not be lawful for any person whatsoever, residing or being within the limits of the said town, merchants only excepted, to sell, by retail, any rum, brandy, or other distilled spirits, or any strong liquors whatsoever, or any mixture of the said spirits or liquors; although the same be not drank at his or her house, in any quantity less than two gallons, at any one time; on penalty of forfeiting twenty shillings, for every offence: to be recovered, by the informer, before any justice of the peace of the said county. | |
| III. Provided, That nothing therein contained, shall be construed to affect any apothecary selling any spirits, or other strong liquors, or any mixture thereof, in the course of his business only; nor to give any liberty to any merchants to sell, by retail, any of the said spirits, or liquors, or any mixture of the same, to be drank at his or her house, or store, or elsewhere, other than he or she had, by law, before the making of this act; any law, custom, or usage, to the contrary, notwithstanding. | |
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